I have followed a lot of Supreme Court hearings over the last forty years. They are getting worse, and they make every one of you on the Senate Judicial Committee look bad, as well as the rest of you who make unsubstantiated comments about the judicial nominees. Those of you supporting the candidate sound smarmy, and those of you objecting to the nominee seem unhinged.
The downturn in civility displayed in Senate nomination hearings began with Judge Robert Bork in 1987. Judge Bork was a well-respected jurist and professor, albeit definitely a conservative. Plenty of legal scholars had disagreed with Judge Bork’s interpretations of the Constitution before he was nominated, but for the first time a judicial nominee was savaged within minutes after his nomination was announced.
The Clarence Thomas hearings in 1991 became a full-on “he said, she said” debate over allegations of sexual harassment, of the type that can rarely be resolved to anyone’s satisfaction, and certainly not in the circus atmosphere that prevailed during those hearings. The allegations against Justice Thomas were not resolved, and no one really expected them to be resolved—the intent was to smear the nominee’s character.
Neil Gorsuch got off reasonably easily during his confirmation hearings in 2017. But when Senate Democrats attempted to filibuster the vote by the full Senate, Republicans completed what the Democrats had begun for lower court nominations and abolished the filibuster for Supreme Court appointments. So there is no point in worrying about a super-majority. When one party controls the Senate and the Presidency, that party’s nominees are likely to be confirmed.
Judge Brett Kavanaugh has been run through the wringer this past week. Both conservatives and liberals have attested to his qualifications for the Supreme Court. Nevertheless, he has been called, among other things, a racist and a white supremacist.
During her confirmation hearings in 2009, Sonia Sotomayor was raked over the coals for speeches in which she had commented that she hoped “a wise Latina woman with the richness of her experiences would, more often than not, reach a better conclusion” than a white male. While the Republicans’ reactions to Justice Sotomayor’s comments were an overreaction to her prideful statement about her heritage, her statements more clearly revealed bias than the current allegations against Judge Kavanaugh.
Judge Kavanaugh has been accused of being a racist for writing a memo on racial profiling that said the government should not engage in racial profiling. He has been accused of having white supremacist beliefs because one of his former clerks—a Mexican-American of partially Jewish descent—made a (probably involuntary) gesture that looked like a white supremacist symbol.
The Senate Judicial Committee is scheduled to vote on Judge Kavanaugh’s nomination on September 13, and there will later be debate on the full floor of the Senate soon. I fully anticipate that the allegations against Judge Kavanaugh are not over yet. Our nation will have to tolerate more of this indecent character assassination by Senators.
Both parties need to dial it down during these judicial hearings. Way down.
There is no point in Senators trying to show that any judicial nominee is evil incarnate. It is highly unlikely that Satan would ever be nominated to the Supreme Court, even by a President of the opposite party as you.
The Constitution gives Senators the power to “advise and consent” to judicial appointments. The Constitution doesn’t say you need a reason to withhold your consent.
So just vote against the individual. It is your right as a Senator. As Colin Kaepernick now advocates, just do it.
Don’t needlessly slander the character of the nominee to make your base happy. It belittles you more than the candidate.
A concerned and irritated citizen with moderate knowledge of the nomination process
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Readers, what about our current judicial nomination process irritates you?